[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4032 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4032

 To amend the Immigration and Nationality Act to remove the discretion 
of the Secretary of Homeland Security with respect to expedited removal 
 under section 235(b)(1)(A)(iii)(I) of such Act and to amend the Truth 
in Lending Act to prohibit issuance of residential mortgages to illegal 
                                aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2005

Mr. Doolittle introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to remove the discretion 
of the Secretary of Homeland Security with respect to expedited removal 
 under section 235(b)(1)(A)(iii)(I) of such Act and to amend the Truth 
in Lending Act to prohibit issuance of residential mortgages to illegal 
                                aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REMOVAL OF DISCRETION TO ORDER EXPEDITED REMOVAL.

    Section 235(b)(1)(A)(iii)(I) of the Immigration and Nationality Act 
(8 U.S.C. 1225(b)(1)(A)(iii)(I)) is amended to read as follows:
                                    ``(I) In general.--The Secretary of 
                                Homeland Security shall apply clauses 
                                (i) and (ii) of this subparagraph to 
                                all aliens described in subclause (II), 
                                except that if the Secretary, after 
                                consulting with appropriate Federal, 
                                State, or local law enforcement 
                                agencies, determines that the alien 
                                will be detained under the authority of 
                                such an agency, the Secretary may not 
                                remove the alien until such detention 
                                terminates.''.

SEC. 2. RESIDENTIAL MORTGAGES PROHIBITED FOR ALIENS RESIDING IN THE 
              UNITED STATES UNLAWFULLY.

    (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 
1631 et seq.) is amended by adding at the end the following new 
section:
``Sec. 140. Residential mortgages prohibited for aliens residing in the 
              United States unlawfully
    ``Notwithstanding any provision of State law, no credit may be 
extended by any creditor to any alien unlawfully residing in the United 
States in any consumer credit transaction in which a security interest, 
including any such interest arising by operation of law, is or will be 
retained or acquired in any property located within the United States 
which is used as a residence of such alien.''.
    (b) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 139 the following new item:

``140. Mortgages prohibited for aliens residing in the United States 
                            unlawfully.''.
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